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Difference between revisions of "Resolving Family Law Problems in Court"
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Resolving Family Law Problems in Court (view source)
Revision as of 21:10, 11 May 2016
, 21:10, 11 May 2016Adding reference to "family violence" and costs if litigation is unsuccessful, other relatively minor improvements in style, wording and content
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Andrea Glen (talk | contribs) m (Adding reference to "family violence" and costs if litigation is unsuccessful, other relatively minor improvements in style, wording and content) |
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<blockquote>'''Your own worries and anxieties.''' Litigation is always an uncertain affair. No one, not even your lawyer, will guarantee that you will be completely successful about any particular issue. At the end of the day, fundamental decisions will be made by a complete stranger — the judge — about the things that matter the most to you, and his or her decision is not something you can predict with absolute certainty. On top of that, litigation, especially when you're doing it yourself, is extremely stressful. The documents and processes will be new to you, and each court appearance will be a fresh cause of anxiety and uncertainty.</blockquote> | <blockquote>'''Your own worries and anxieties.''' Litigation is always an uncertain affair. No one, not even your lawyer, will guarantee that you will be completely successful about any particular issue. At the end of the day, fundamental decisions will be made by a complete stranger — the judge — about the things that matter the most to you, and his or her decision is not something you can predict with absolute certainty. On top of that, litigation, especially when you're doing it yourself, is extremely stressful. The documents and processes will be new to you, and each court appearance will be a fresh cause of anxiety and uncertainty.</blockquote> | ||
<blockquote>'''Your pocket book.''' | <blockquote>'''Your pocket book.''' If you opt to hire a lawyer, be prepared to pay and to pay a lot. Sometimes a lawyer can help you get things done quickly and with a minimum of fuss and bother, but if emotions are running high, you stand to pay a whopping legal <span class="noglossary">bill</span>, especially if you go all the way through to trial. Even if you don't hire a lawyer, litigation can be expensive, and if you are unsuccessful in your case you may be ordered to pay the other side's court costs. </blockquote> | ||
There are other ways of solving your problem than litigation. Going to court is only one of the ways to bring your dispute to an end. Other, less confrontational and less adversarial approaches include: negotiation, mediation, and collaborative settlement processes. All of these other approaches generally cost a lot less, and, because they are cooperative in nature, they'll give you the best chance of maintaining a working relationship with your ex after the dust has settled. These options are discussed in more detail in the chapter [[Resolving Family Law Problems out of Court]]. | There are other ways of solving your problem than litigation. Going to court is only one of the ways to bring your dispute to an end. Other, less confrontational and less adversarial approaches include: negotiation, mediation, and collaborative settlement processes. All of these other approaches generally cost a lot less, and, because they are cooperative in nature, they'll give you the best chance of maintaining a working relationship with your ex after the dust has settled. These options are discussed in more detail in the chapter [[Resolving Family Law Problems out of Court]]. | ||
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*there is a threat or a risk of child abduction, | *there is a threat or a risk of child abduction, | ||
*there has been | *there has been family violence in the relationship, whether to you or to your children, | ||
*threats to your physical safety, or to the safety of your children, have been made, | *threats to your physical safety, or to the safety of your children, have been made, | ||
*there is a threat or a risk that your ex will damage, hide or dispose of property, | *there is a threat or a risk that your ex will damage, hide or dispose of property, | ||
*there is an urgent need to immediately secure some financial help, | *there is an urgent need to immediately secure some financial help, | ||
*negotiations have failed and, despite your best efforts, you and your ex can't agree on how to solve your differences. | *negotiations have failed and, despite your best efforts, you and your ex can't agree on how to solve your differences, or | ||
*if your ex refuses to communicate with you about the legal issues that need to be resolved. | |||
While you should think twice before deciding that court is your only option, starting a lawsuit doesn't mean that you can't continue to try to negotiate a resolution outside of the court process. | |||
For more information about the emotions that surround the end of a long-term relationship, and how these emotions can affect the course of litigation, read the section [[Separating Emotionally]] in the chapter [[Separation & Divorce]]. You should also track down and read a copy of ''[http://books.google.ca/books?id=fi7TlN3sU88C&printsec=frontcover#v=onepage&q&f=false Tug of War]'' by Mr. Justice Brownstone from the Ontario Court of Justice. He gives a lot of practical advice about the family law court system, when it works best and when it doesn't work at all. | For more information about the emotions that surround the end of a long-term relationship, and how these emotions can affect the course of litigation, read the section [[Separating Emotionally]] in the chapter [[Separation & Divorce]]. You should also track down and read a copy of ''[http://books.google.ca/books?id=fi7TlN3sU88C&printsec=frontcover#v=onepage&q&f=false Tug of War]'' by Mr. Justice Brownstone from the Ontario Court of Justice. He gives a lot of practical advice about the family law court system, when it works best and when it doesn't work at all. | ||